Legal Opinion
B&R Textile Corp. v. Paul Rothman Industries, Ltd.
Civil Court of the City of New York
Decided August 16, 1979PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Herman Cahn, J.
The gravamen of this motion to set aside the judgment is whether this court, which tried the above-captioned matter *99without a jury, applied the proper measure of damages in determining that defendant is liable to the plaintiff in the amount of 12VS cents per yard for the rejected merchandise (or $4,584.50) with interest from June 15, 1977.
Plaintiff originally brought this action to recover damages sustained when defendant failed to accept approximately 36,-000 yards of fabric out of a total shipment of 74,007 yards. Both the plaintiff and defendant deal in…
2Cases cited5 opinions
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Dehahn v. InnesSupreme Judicial Court of Maine · 1976
- Acuri v. FigliolliNassau County District Court · 1977
- Derami, Inc. v. John B. Cabot, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
- Portal Gallaries, Inc. v. Tomar Products, Inc.New York Supreme Court · 1969
3Cited by4 opinions
- Sprague v. Sumitomo Forestry Co., Ltd.Washington Supreme Court · 1985
- Tesoro Petroleum Corp. v. Holborn Oil Co.New York Supreme Court · 1989
- Peace River Seed Co-Operative, Ltd. v. Proseeds Marketing, Inc.Court of Appeals of Oregon · 2012
- Stalloy Metals, Inc. v. Kennametal, Inc.Ohio Court of Appeals · 2014